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SENATE DOCKET, NO. 2459 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 817
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jacob R. Oliveira
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to ensure access to epinephrine for minors.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Jacob R. OliveiraHampden, Hampshire and Worcester 1 of 6
SENATE DOCKET, NO. 2459 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 817
By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 817) of Jacob R. Oliveira for
legislation to ensure access to epinephrine for minors. Financial Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 700 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to ensure access to epinephrine for minors.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 32A of the General Laws, as appearing in the 2022 Official
2Edition, is hereby amended by inserting after section 17Q the following section:-
3 Section 17R. (a) Any coverage offered by the commission to an active or retired
4employee of the commonwealth insured under the group insurance commission shall provide
5coverage at no cost for medically necessary epinephrine injectors for individuals under 18 years
6of age for the appropriate weight-based dosage of epinephrine injectors.
7 (b) For purposes of this section, the term “epinephrine injector” shall mean an auto-
8injector approved by the United States Food and Drug Administration for the administration of
9epinephrine and a pre-filled syringe approved by the United States Food and Drug 2 of 6
10Administration and used for the administration of epinephrine that contains a pre-measured dose
11of epinephrine that is equivalent to the dosages used in an auto-injector.
12 (c) Coverage for epinephrine auto-injector 2-packs, under this section, shall not be
13subject to any deductible, co-insurance, or co-payment that exceeds $60 per supply, regardless of
14the amount or type of epinephrine needed to fill an insured person’s prescription for those 18
15years of age and older.
16 SECTION 2. (a) Chapter 118E of the General Laws is hereby amended by inserting after
17section 10L the following section:-
18 Section 10M. The division and its contracted health insurers, health plans, health
19maintenance organizations, behavioral health management firms and third-party administrators
20under contract to a Medicaid managed care organization or primary care clinician plan shall
21provide coverage at no cost for medically necessary epinephrine injectors for individuals under
2218 years of age for the appropriate weight-based dosage of epinephrine injectors.
23 (b) For purposes of this section, the term “epinephrine injector” shall mean an auto-
24injector approved by the United States Food and Drug Administration for the administration of
25epinephrine and a pre-filled syringe approved by the United States Food and Drug
26Administration and used for the administration of epinephrine that contains a pre-measured dose
27of epinephrine that is equivalent to the dosages used in an auto-injector.
28 (c) Coverage for epinephrine auto-injector 2-packs, under this section, shall not be
29subject to any deductible, co-insurance, or co-payment that exceeds $60 per supply, regardless of
30the amount or type of epinephrine needed to fill an insured person’s prescription for those 18
31years of age and older. 3 of 6
32 SECTION 3. (a) Chapter 175 of the General Laws is hereby amended by inserting after
33section 47KK the following section:-
34 Section 47LL. Any individual policy of accident or sickness insurance issued pursuant to
35this chapter shall provide coverage at no cost for medically necessary epinephrine injectors for
36individuals under 18 years of age for the appropriate weight-based dosage of epinephrine
37injectors.
38 (b) For purposes of this section, the term “epinephrine injector” shall mean an auto-
39injector approved by the United States Food and Drug Administration for the administration of
40epinephrine and a pre-filled syringe approved by the United States Food and Drug
41Administration and used for the administration of epinephrine that contains a pre-measured dose
42of epinephrine that is equivalent to the dosages used in an auto-injector.
43 (c) Coverage for epinephrine auto-injector 2-packs, under this section, shall not be
44subject to any deductible, co-insurance, or co-payment that exceeds $60 per supply, regardless of
45the amount or type of epinephrine needed to fill an insured person’s prescription for those 18
46years of age and older.
47 SECTION 4. (a) Chapter 176A of the General Laws is hereby amended by inserting after
48section 8MM the following section:-
49 Section 8NN. Any contract between a subscriber and the corporation under an individual
50group or hospital service plan that is delivered, issued or renewed within the commonwealth
51shall provide coverage at no cost for medically necessary epinephrine injectors for individuals
52under 18 years of age for the appropriate weight-based dosage of epinephrine injectors. 4 of 6
53 (b) For purposes of this section, the term “epinephrine injector” shall mean an auto-
54injector approved by the United States Food and Drug Administration for the administration of
55epinephrine and a pre-filled syringe approved by the United States Food and Drug
56Administration and used for the administration of epinephrine that contains a pre-measured dose
57of epinephrine that is equivalent to the dosages used in an auto-injector.
58 (c) Coverage for epinephrine auto-injector 2-packs, under this section, shall not be
59subject to any deductible, co-insurance, or co-payment that exceeds $60 per supply, regardless of
60the amount or type of epinephrine needed to fill an insured person’s prescription for those 18
61years of age and older.
62 SECTION 5. (a) Chapter 176B of the General Laws is hereby amended by inserting after
63section 4MM the following section:-
64 Section 4NN. (a) Any subscription certificate under an individual or group medical
65service agreement delivered, issued or renewed within the commonwealth shall provide coverage
66at no cost for medically necessary epinephrine injectors for individuals under 18 years of age for
67the appropriate weight-based dosage of epinephrine injectors.
68 (b) For purposes of this section, the term “epinephrine injector” shall mean an auto-
69injector approved by the United States Food and Drug Administration for the administration of
70epinephrine and a pre-filled syringe approved by the United States Food and Drug
71Administration and used for the administration of epinephrine that contains a pre-measured dose
72of epinephrine that is equivalent to the dosages used in an auto-injector.
73 (c) Coverage for epinephrine auto-injector 2-packs, under this section, shall not be
74subject to any deductible, co-insurance, or co-payment that exceeds $60 per supply, regardless of 5 of 6
75the amount or type of epinephrine needed to fill an insured person’s prescription for those 18
76years of age and older.
77 SECTION 6. (a) Chapter 176G of the General Laws is hereby amended by inserting after
78section 4EE the following section:-
79 Section 4FF. Any individual or group health maintenance contract shall provide coverage
80at no cost for medically necessary epinephrine injectors for individuals under 18 years of age for
81the appropriate weight-based dosage of epinephrine injectors.
82 (b) For purposes of this section, the term “epinephrine injector” shall mean an auto-
83injector approved by the United States Food and Drug Administration for the administration of
84epinephrine and a pre-filled syringe approved by the United States Food and Drug
85Administration and used for the administration of epinephrine that contains a pre-measured dose
86of epinephrine that is equivalent to the dosages used in an auto-injector.
87 (c) Coverage for epinephrine auto-injector 2-packs, under this section, shall not be
88subject to any deductible, co-insurance, or co-payment that exceeds $60 per supply, regardless of
89the amount or type of epinephrine needed to fill an insured person’s prescription for those 18
90years of age and older.
91 SECTION 7. (a) There shall be a commission within the executive office of health and
92human services for the purpose of studying and making recommendations relative to the
93manufacturing and pricing of dupilumab, omalizumab, and allergy immunotherapy shots,
94specifically the creation of generic versions. 6 of 6
95 (b) The commission shall consist of members from the secretary of health and human
96services, department of public health, center for health information and analysis, and the division
97of insurance.
98 (c) Members of the commission shall be appointed within 30 days of this act being
99effective. The commission shall meet not fewer than 6 times per calendar year.
100 (d) The commission shall submit an annual report by December 31 to the governor, the
101clerks of the house of representatives and the senate, and the joint committee on consumer
102protection and professional licensure. The report will be a public record.